[Federal Register Volume 61, Number 252 (Tuesday, December 31, 1996)]
[Proposed Rules]
[Pages 69051-69052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33118]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 61, No. 252 / Tuesday, December 31, 1996 / 
Proposed Rules  

[[Page 69051]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 96-077-1]


Change in Disease Status of Costa Rica Because of Exotic 
Newcastle Disease

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to declare Costa Rica free of exotic 
Newcastle disease (END). Declaring Costa Rica free of END appears to be 
appropriate because the country has had no clinical, pathological, or 
laboratory confirmation of END for the last 5 years. This proposed rule 
would remove the prohibition on the importation into the United States, 
from Costa Rica, of poultry and poultry products.

DATES: Consideration will be given only to comments received on or 
before March 3, 1997.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 96-077-1, Regulatory Analysis and Development, PPD, APHIS, 
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 96-077-1. Comments 
received may be inspected at USDA, room 1141, South Building, 14th 
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 
4:30 p.m., Monday through Friday, except holidays. Persons wishing to 
inspect comments are requested to call ahead on (202) 690-2817 to 
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr. Michael David, Senior Staff 
Veterinarian, Animal Program, National Center for Import and Export, 
VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1228, (301) 
734-5034.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 94 (referred to below as the 
regulations) govern the importation into the United States of specified 
animals and animal products in order to prevent the introduction into 
the United States of various animal diseases, including exotic 
Newcastle disease (END). END is a contagious, infectious, and 
communicable disease of poultry.
    Section 94.6(a)(1) of the regulations provides that END exists in 
all countries of the world except those listed in Sec. 94.6(a)(2), 
which have been declared to be free of END. We will consider declaring 
a country to be free of END if there have been no reported cases of the 
disease in that country for at least the previous 1-year period and no 
vaccinations for END have been administered to poultry in that country 
for at least the previous 1-year period.
    There has been no documented case of END in Costa Rica for the last 
5 years, based on morbidity and mortality reports provided by the 
industry and the government of Costa Rica, on clinical reports from the 
field, and on the lack of any typical lesions noted on necropsies. 
Based on these considerations, the government of Costa Rica has 
requested that the U.S. Department of Agriculture (USDA) declare Costa 
Rica free of END.
    The Animal and Plant Health Inspection Service (APHIS) reviewed the 
documentation submitted by the government of Costa Rica in support of 
its request, and a team of APHIS officials traveled to Costa Rica in 
1994 to conduct an on-site evaluation of the country's animal health 
program with regard to the END situation in Costa Rica. The evaluation 
consisted of a review of Costa Rica's official veterinary services, 
laboratory and diagnostic procedures, vaccination practices, and 
administration of laws and regulations intended to prevent the 
introduction of END into Costa Rica through the importation of animals, 
meat, or animal products. The results of this on-site visit, and 
subsequent evaluation, allows APHIS officials to conclude that Costa 
Rica is free of END.
    Therefore, based on the information discussed above, we are 
proposing to amend Sec. 94.6(a)(2) by adding Costa Rica to the list of 
countries declared to be free of END. This proposed action would remove 
the prohibition on the importation, from Costa Rica, of poultry and 
poultry products.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
For this action, the Office of Management and Budget has waived its 
review process required by Executive Order 12866.
    This proposed rule, if adopted, would amend the regulations in 9 
CFR part 94 by adding Costa Rica to the list of countries declared to 
be free of END. This action would remove the prohibition on the 
importation into the United States, from Costa Rica, of poultry and 
fresh, chilled, and frozen meat of poultry, although those importations 
would be subject to certain restrictions. Based on available 
information, the Department does not anticipate a major increase in 
exports of poultry or poultry products from Costa Rica into the United 
States as a result of this proposed rule.
    The commercial chicken industry in Costa Rica is very small 
relative to the industry in the United States. Costa Rica has about two 
million mature multipliers (those birds producing other birds for human 
consumption). By comparison, there are nearly 120 million multiplier 
hens and pullets of laying age in the United States. We do not expect 
any movement from Costa Rica into the United States of live chickens, 
chicks, or hatching eggs. These products are used for genetic stock, 
and, as Costa Rica imports most of its genetic stock (much of it from 
the United States), it would not be economically feasible for them to 
produce genetic stock for export.
    We also do not expect a significant change in the importation of 
poultry products from Costa Rica as a result of this proposed rule. We 
expect that any poultry product imports would most likely be chicken 
meat. Costa Rica produced 60,424 metric tons of chicken meat in 1995, 
while the United States produced 11.5 million metric tons of chicken 
meat in the same year. Before any poultry meat could be imported into 
the United States from Costa Rica, the packing facilities in Costa Rica 
would require the approval of the Food Safety and Inspection Service 
(FSIS), USDA. Further, it is unlikely that Costa Rica would or could 
direct a significant portion of its chicken meat production

[[Page 69052]]

exclusively to the United States. Even if Costa Rica were to export all 
of its chicken meat production to the United States, however, that 
amount would represent less than one percent of U.S. production. 
Therefore, declaring Costa Rica free of END should not lead to a 
significant change in the importation of chicken meat into the United 
States. Thus, this proposed rule is expected to have no more than a 
minimal impact on domestic producers of poultry products, whether small 
or large.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This proposed rule contains no information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1980 
(44 U.S.C. 3501 et seq.).

List of Subjects in 9 CFR Part 94

    Animal diseases, Imports, Livestock, Meat and meat products, Milk, 
Poultry and poultry products, Reporting and recordkeeping requirements.
    Accordingly, 9 CFR part 94 would be amended as follows:

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL 
PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, HOG 
CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND 
RESTRICTED IMPORTATIONS

    1. The authority citation for part 94 would continue to read as 
follows:

    Authority: 7 U.S.C. 147a, 150ee, 161, 162, and 450; 19 U.S.C. 
1306; 21 U.S.C. 111, 114a, 134a, 134b, 134c, 134f, 136, and 136a; 31 
U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.22, 2.80, and 
371.2(d).


Sec. 94.6  [Amended]

    2. In Sec. 94.6, paragraph (a)(2) would be amended by adding 
``Costa Rica,'' immediately after ``Chile,''.

    Done in Washington, DC, this 20th day of December 1996.
A. Strating,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-33118 Filed 12-30-96; 8:45 am]
BILLING CODE 3410-34-P